Punjab Home Secy told to hold probe

Saurabh Malik

Tribune News Service

Chandigarh, May 23

In a major embarrassment for the Punjab Police, the Punjab and Haryana High Court has asked the Punjab Home Secretary to probe the compromise entered into by a Head Constable with a “mob” of 67 accused and the overlooking of his “blatant action” by superior authorities. The petition, too, has been dismissed with Rs 50,000 as costs.

The accused, purportedly belonging to the Rural Veterinary Pharmacist and Rural Health Pharmacist Association, had allegedly created ruckus at the Mohali PCA Stadium before throwing stones when a match was in progress.

The FIR in the matter was registered on the basis of Head Constable Jagat Singh’s statement on March 28, 2011. He had alleged that about 200 persons claiming to be association members had blocked the road when he was posted at the Mohali PCA Stadium.

Taking up the matter, Justice Rajan Gupta asserted it was inexplicable how Head Constable Jagat Singh entered into a compromise with the entire mob. He alleged that the accused attacked the police and used criminal force to deter them from discharging their duty.

Such a crime could not be quashed on the basis of a compromise entered into by a Head Constable. The criminal justice system had a larger objective to achieve. It was to ensure people’s safety and protection. “If offences of this nature are allowed to be quashed on the basis of compromise, it will only encourage people to commit such crimes”.

Justice Gupta added that the complainant was not authorised by a superior officer to enter into a compromise on behalf of the state. He was discharging his duty as a public servant and was ordered to restrain the mob from entering the PCA Stadium. He himself was injured in the incident, along with other police personnel posted near the stadium to prevent the cricket match’s disruption.

“After the investigating agency came to the conclusion that the offences alleged in the FIR were made out, HC Jagat Singh entered into a compromise with the 67 accused. On this basis, present petition was filed… The possibility that there is some extraneous consideration in this matter cannot be ruled out,” Justice Gupta asserted.

Before parting with the order, Justice Gupta added: “Offences of this nature are to be prosecuted by the state and not by the complainant. However, the complainant entered into a compromise with the entire mob and his blatant action has been overlooked by the superior authorities.

“If such police officials continue to remain in service, neither law and order can be maintained nor can any investigation be taken to its logical end without extraneous factors creeping in…. A copy of the order is forwarded to the state through its Home Secretary who shall examine the matter and submit a report within two weeks”.